Kennedy v Town of Cheektowaga
2004 NY Slip Op 08494 [12 AD3d 1151]
November 19, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2005
Valerie Kennedy v Town of Cheektowaga
Valerie Kennedy, as Administrator of the Estate of Antwon D. Thomas, Appellant, v Town of Cheektowaga et al., Respondents, et al., Defendants.
—[*1]Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered July 28, 2003. The order granted the motion of defendants Town of Cheektowaga and Timothy Scherer for summary judgment dismissing the complaint against them in a personal injury action.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for the reasons stated at Supreme Court. Present—Hurlbutt, J.P., Scudder, Kehoe and Martoche, JJ.